Texans for Lawsuit Reform

Through political action, legal, academic and market research, and grassroots initiatives, TLR fights for common-sense reforms that keep Texas open for business.

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In the News

How lawsuit-friendly laws suck NY dry

New York Post, December 16, 2017

By: Post Editorial Board

Wonder why New York pays through the nose for everything from health care to construction projects to auto insurance — and taxes? A new report from the Empire Center has a one-word answer: lawsuits.

State laws here “encourage a proliferation of civil suits,” notes the report’s authors, lawyers Cary Silverman and Mark Behrens. They peg statewide liability costs at $20 billion a year, or more than $2,700 per household.

That gets passed on to the public in the form of higher taxes and prices, especially for health care and insurance; fewer buildings, bridges, schools and other projects; and less government service.

Pro-lawsuit statutes also cost the state business and jobs. This year’s US Chamber of Commerce “legal climate” survey ranks New York 29th nationally — and sinking: In just the past five years, the rank plunged 11 places; it’s now at its lowest in the survey’s 15-year history.

Take New York’s outdated, “unique in the nation” Scaffold Law. It poses “absolute liability” on property owners and contractors when a worker falls on a construction site, even if it’s almost entirely his fault.

And the awards and settlements are enormous: Last year, five of the state’s top 20 awards came in Scaffold Law cases, as did a third of the top 50 reported mediated settlements.

Indeed, so lucrative is Scaffold Law litigation that the report notes news accounts of lawyers handing out “T-shirts and other materials to workers at construction sites” in search of new cases.

No wonder liability insurance for construction projects runs three to six times higher here than in other states, running up billions in extra costs for public projects, like schools and bridges, as well as private ones. And that’s just the tip of the iceberg:

  •  New York also “encourages” lawyers to target defendants with the most money, even if they’re the “least to blame.”
  • In slip-and-fall cases, property owners must “prove a negative” — that they had “no notice of hazardous conditions” before an accident.
  • The state has no cap on non-economic and punitive-damage awards.
  • Its no-fault auto-insurance system fuels fraud and drives up rates.
  • It lacks “reasonable limits” on medical-malpractice awards.
  • Its asbestos-litigation court favors plaintiffs, attracting cases from all over the country. (Credit for that largely goes to Assembly ex-Speaker Shelly Silver and his “of counsel” job at Weitz & Luxenberg, a firm specializing in, yep, asbestos cases.)

Alas, many of the problems raised by the report were first cited 30 years ago by a bipartisan panel tapped by then-Gov. Mario Cuomo. New Yorkers have been paying the sky-high price ever since.

Yet unless Mario’s son, Gov. Andrew Cuomo, and the Legislature are finally ready to stand up to the tort bar, they’re sure to keep on paying — for years to come.

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Texans for Lawsuit Reform

21 hours ago

Texans for Lawsuit Reform

Plaintiffs’ law firms may spend $20 million to $30 million pursuing long-term, complex cases like Roundup, said Mr. Papantonio, the Florida lawyer who has represented plaintiffs in large cases such as the BP PLC oil-spill litigation. “You have to have a war chest so you can run as long as you want to,” said Mr. Papantonio, who estimates his firm represents about 2,000 Roundup plaintiffs. Read and share: bit.ly/37ZQw03 ... See MoreSee Less

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Inside the Mass-Tort Machine That Powers Thousands of Roundup Lawsuits

tortreform.com

Behind the surge in lawsuits is a little-known, sophisticated legal ecosystem that includes marketing firms that find potential clients, financiers who bankroll law firms, doctors wh...
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Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

In case you missed it: Judge recommends sanction, dismisses case by storm-chasing lawyer Eric Dick for “needlessly” increasing the cost of litigation and to “deter future abuse of the judicial process.” Read and share: bit.ly/2OH8v3B ... See MoreSee Less

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Storm attorney Eric Dick continues to flood courts with appraisal suits

setexasrecord.com

HOUSTON – Despite receiving a slap on the wrist last year, local storm attorney Eric Dick continues to file lawsuits seeking to compel appraisal against insurance companies in Harris Count...
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Texans for Lawsuit Reform

3 days ago

Texans for Lawsuit Reform

Behind the surge in lawsuits is a little-known, sophisticated legal ecosystem that includes marketing firms that find potential clients, financiers who bankroll law firms, doctors who review medical records, scientists who analyze medical literature and the lawyers who bring the cases to court. Individual plaintiffs can become commodities that are bought and sold by marketers, with prices based on demand. The more lawsuits that get filed, the more pressure companies face to settle. Read and share: bit.ly/37ZQw03 ... See MoreSee Less

Link thumbnail

Inside the Mass-Tort Machine That Powers Thousands of Roundup Lawsuits

tortreform.com

Behind the surge in lawsuits is a little-known, sophisticated legal ecosystem that includes marketing firms that find potential clients, financiers who bankroll law firms, doctors wh...
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lawsuitreform avatarTLR@lawsuitreform·
15h

Since TLR’s founding, our supporters have made their voices heard at the Capitol by phone, e-mail & personal visits on every issue that affects a healthy civil justice system. Make your voice heard & get involved with TLR today!

Get Involved - Texans for Lawsuit Reform

Texans for Lawsuit Reform has thousands of supporters from across Texas who are committed to a fair and balanced civil justice system.

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lawsuitreform avatarTLR@lawsuitreform·
19h

TLR has thousands of supporters across Texas who are committed to a fair and balanced civil justice system. Join our team today!

Get Involved - Texans for Lawsuit Reform

Texans for Lawsuit Reform has thousands of supporters from across Texas who are committed to a fair and balanced civil justice system.

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lawsuitreform avatarTLR@lawsuitreform·
21h

Plaintiffs’ law firms may spend $20-30 million pursuing long-term, complex cases like Roundup. “You have to have a war chest so you can run as long as you want to.” said Mr. Papantonio whose firm represents ~2,000 Roundup plaintiffs. Read & RT: #tortreform

Inside the Mass-Tort Machine That Powers Thousands of Roundup Lawsuits

Behind the surge in lawsuits is a little-known, sophisticated legal ecosystem that includes marketing firms that find potential clients, financiers wh...

bit.ly

Reply on TwitterRetweet on TwitterLike on TwitterTwitter

Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
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